Ex-wife has car and isn't making payments.....

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XBP0346

New Member
Hello, my wife was awarded her car in the divorce in June 2014. The car still has $7600 left on the loan and I am a co borrower. She has since moved to Texas and last known address was her mothers house. She has been late on multiple payments and has not made the last two months payments. I have tried locating and communicating with her and her family and have not received info back. I have paid the last two months payments on my own. I could file a lawsuit for non-payment of court ordered car payments but don't know where she or the car is. I need to know what advice there is on filing a stolen car report or possibly calling the DMV to help locate the car. Any info would be appreciated.
 
XBP0346 said:
Hello, my wife was awarded her car in the divorce in June 2014. The car still has $7600 left on the loan and I am a co borrower. She has since moved to Texas and last known address was her mothers house. She has been late on multiple payments and has not made the last two months payments. I have tried locating and communicating with her and her family and have not received info back. I have paid the last two months payments on my own. I could file a lawsuit for non-payment of court ordered car payments but don't know where she or the car is. I need to know what advice there is on filing a stolen car report or possibly calling the DMV to help locate the car. Any info would be appreciated.
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You can start by contacting your local police and telling the officer or detective what you've told us here.
You'll be told its a civil matter.
But, you can report it to the police to prove to yourself that no one is blowing smoke.
No harm, no foul.

You also inquired about filing a civil lawsuit.
That won't work, because you both are on the hook contractually for the car.
The judge's order in your divorce is binding only on you and her, not the lender.
The lender can come after you, her, or you both.

You could try to pursue it in a civil lawsuit against her, but you have no case.
What you're left with is a contempt citation by administered to her by your Nevada divorce judge.
The problem there is that she's beyond the reach of a Nevada divorce court judge.
If she's in Texas, a Nevada divorce court judge won't even bother trying to compel her to return to Nevada to be lectured, and sanctioned, on a matter that the court won't able to enforce.

That leaves you on the hook to pay the debt while negotiating with the lender to "repo" that car.
Even IF the lender were amenable to doing that, it could take months before they locate her and the car.
The car is "repoed", and eventually sold, probably for about a $300 profit on $7,500 debt.

You can continue to make payments to save your credit from being destroyed, file a personal bankruptcy (assuming you otherwise qualify), or pursue the thinsg you proposed.
Frankly, keeping the p[ayments current is about all you have left.
It might be better to get your name off the title, if you haven't, and gift her FULL ownership of the car. Why? If she has a bad accident, or lets one of her friends drive and he or she has such an accident, well, I think you see the downside in that.
Good luck,
 
You're kind of between a rock & a hard place here. Since you co-signed the loan, you are just as responsible for payments as she is. You might want to continue paying, if only, to not mess up your credit rating. The suggestion to get your name off the title (if it is on the title) is a good idea.
 
Betty3 said:
You're kind of between a rock & a hard place here. Since you co-signed the loan, you are just as responsible for payments as she is. You might want to continue paying, if only, to not mess up your credit rating. The suggestion to get your name off the title (if it is on the title) is a good idea.
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So far I'm just planning on paying for it because I'm financially responsible to pay since I'm the consigner. Only way I can get my name off the title is if she sells it or refinances it in her name. So sad dealing with irresponsible people. Thanks for your advice.
 
army judge said:
You can start by contacting your local police and telling the officer or detective what you've told us here.
You'll be told its a civil matter.
But, you can report it to the police to prove to yourself that no one is blowing smoke.
No harm, no foul.

You also inquired about filing a civil lawsuit.
That won't work, because you both are on the hook contractually for the car.
The judge's order in your divorce is binding only on you and her, not the lender.
The lender can come after you, her, or you both.

You could try to pursue it in a civil lawsuit against her, but you have no case.
What you're left with is a contempt citation by administered to her by your Nevada divorce judge.
The problem there is that she's beyond the reach of a Nevada divorce court judge.
If she's in Texas, a Nevada divorce court judge won't even bother trying to compel her to return to Nevada to be lectured, and sanctioned, on a matter that the court won't able to enforce.

That leaves you on the hook to pay the debt while negotiating with the lender to "repo" that car.
Even IF the lender were amenable to doing that, it could take months before they locate her and the car.
The car is "repoed", and eventually sold, probably for about a $300 profit on $7,500 debt.

You can continue to make payments to save your credit from being destroyed, file a personal bankruptcy (assuming you otherwise qualify), or pursue the thinsg you proposed.
Frankly, keeping the p[ayments current is about all you have left.
It might be better to get your name off the title, if you haven't, and gift her FULL ownership of the car. Why? If she has a bad accident, or lets one of her friends drive and he or she has such an accident, well, I think you see the downside in that.
Good luck,
Click to expand...

Thanks for the advice. Figured I'd be paying for a car I don't have. Well u try to be amicable but it's hard when the other party doesn't care.
 
A private investigator may have the means to help you locate the car. The investigator may be able to access registration information for the vehicle or otherwise track down your ex to her current location.
 

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